Appealing a Denied Workers' Comp Claim in Maryland
The deadline to challenge a denied workers' comp claim in Maryland, where to file, and the steps from hearing to appeal.
Short answer: A worker must file a claim application with the Workers' Compensation Commission within 60 days after an accidental injury; the Commission may excuse late filing, but a claim not filed within 2 years is completely barred. Md. Code, Lab. & Empl. §§9-709(a), (b), 9-737
| Deadline to challenge a denial | A worker must file a claim application with the Workers' Compensation Commission within 60 days after an accidental injury; the Commission may excuse late filing, but a claim not filed within 2 years is completely barred. A party aggrieved by a Commission decision may appeal by filing a petition for judicial review in circuit court within 30 days after the date the Commission's order was mailed, and must send copies to the Commission and the other parties. §9-709: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-709&enactments=false . The procedure for requesting a Commission hearing on contested issues (COMAR 14.09) was not read for this field. |
|---|---|
| Appealing a denial | Contested claims are decided by a Commissioner after a hearing. Within 15 days after a decision, a party may ask the Commission for a rehearing, but only on grounds of legal error or newly discovered evidence. Any aggrieved party may appeal a Commission decision to the circuit court by filing a petition for judicial review within 30 days after the date the Commission mailed its order, and must mail copies to the Commission and every other party. If a rehearing motion was filed, the 30 days start from the mailing of the Commission's ruling on it. |
| Deadline to file a claim | For an accidental injury, the worker must file a claim application form (Employee Claim, Form C-1) with the Commission within 60 days after the injury. The Commission may excuse a late filing if the employer or insurer was not prejudiced or for another sufficient reason, but a claim not filed within 2 years after the injury is completely barred. For an occupational disease, the claim must be filed within 2 years (3 years for pulmonary dust disease) after disablement or death, or after the worker or dependents first actually knew the disablement was caused by the employment. |
Where to get help in Maryland
More Maryland workers' compensation
- Filing a Workers' Comp Claim in Maryland
- How Much Workers' Comp Pays in Maryland
- Workers' Comp Settlements in Maryland
- Retaliation for Filing Workers' Comp in Maryland
- Suing Over a Work Injury in Maryland
- All Maryland workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Maryland?
A worker must file a claim application with the Workers' Compensation Commission within 60 days after an accidental injury; the Commission may excuse late filing, but a claim not filed within 2 years is completely barred. A party aggrieved by a Commission decision may appeal by filing a petition for judicial review in circuit court within 30 days after the date the Commission's order was mailed, and must send copies to the Commission and the other parties.
How do you appeal a denied workers' comp claim in Maryland?
Contested claims are decided by a Commissioner after a hearing. Within 15 days after a decision, a party may ask the Commission for a rehearing, but only on grounds of legal error or newly discovered evidence. Any aggrieved party may appeal a Commission decision to the circuit court by filing a petition for judicial review within 30 days after the date the Commission mailed its order, and must mail copies to the Commission and every other party. If a rehearing motion was filed, the 30 days start from the mailing of the Commission's ruling on it.
What is the deadline to file a workers' comp claim in Maryland?
For an accidental injury, the worker must file a claim application form (Employee Claim, Form C-1) with the Commission within 60 days after the injury. The Commission may excuse a late filing if the employer or insurer was not prejudiced or for another sufficient reason, but a claim not filed within 2 years after the injury is completely barred. For an occupational disease, the claim must be filed within 2 years (3 years for pulmonary dust disease) after disablement or death, or after the worker or dependents first actually knew the disablement was caused by the employment.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.